A human rights application alleging employment discrimination due to disability against the Toronto Transit Commission (TTC) has been dismissed by the Human Rights Tribunal of Ontario because a similar case was filed by the worker in the Ontario Superior Court of Justice.
The applicant, SK, had accused their former employer of failing to provide appropriate accommodations for their disability, asserting that the termination of their employment on April 23, 2019, was discriminatory.
However, prior to the tribunal hearing, the applicant had also commenced a civil lawsuit on April 16, 2021, against the same employer over identical issues in court.
The Human Rights Tribunal, referencing Section 34(11) of the Code, which aims to eliminate the duplication of legal cases, found that the application was inadmissible as it mirrored the civil proceeding.
The tribunal underscored that the civil case, which was yet to reach a conclusion, was based on the same set of facts and alleged breaches of the Code, which included issues of disability accommodation and wrongful termination.
Citing previous rulings, the tribunal noted that the specific mention of Section 46.1 in the civil claim was not necessary for Section 34(11) to apply. The overarching concern was that the two actions were fundamentally seeking the same judicial determination on the same set of events.
The tribunal’s decision reflects a commitment to procedural efficiency and judicial economy, as it aimed to avoid the unfair burden on the respondent of having to defend the same allegations twice.
The dismissal of the application by the Human Rights Tribunal does not affect the ongoing civil litigation, which continues to be the avenue for the applicant to seek redress for their claims.
For more information, see Kanhi v. Toronto Transit Commission, 2023 HRTO 1610 (CanLII)
